Contardo v. Merrill Lynch, Pierce, Fenner & Smith

ORDER ON PLAINTIFF’S MOTION TO COMPEL (# 77)

ROBERT B. COLLINGS, United States Magistrate.

Plaintiff has noticed the deposition of Roz Goldberg, an employee of the defendant stationed in New York City, for April 29, 1988. It is important to note that the deposition which has been noticed is not a deposition of the defendant. The plaintiff could have noticed the deposition of the defendant by Roz Goldberg pursuant to Rule 30(b)(1), F.R.Civ.P., only if Roz Goldberg is an officer, director or managing agent of the defendant. See GTE Products Corporation v. Gee, 115 F.R.D. 67 (D.Mass., 1987). Since…